Revised Code of Washington

Wash. Rev. Code § 48.99.040 (2026)

Claims of nonresidents against domestic insurer

✓ current as of May 2026
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(1) In a delinquency proceeding begun in this state against an insurer domiciled in this state, claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary receiver. All claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceedings.
(2) Controverted claims belonging to claimants residing in reciprocal states may either (a) be proved in this state as provided by law, or (b) if ancillary proceedings have been commenced in reciprocal states, be proved in those proceedings. In the event a claimant elects to prove a claim in ancillary proceedings, if notice of the claim and opportunity to appear and be heard is afforded the domiciliary receiver of this state as provided in RCW 48.99.050 with respect to ancillary proceedings in this state, the final allowance of a claim by the courts in the ancillary state must be accepted in this state as conclusive as to its amount, and must also be accepted as conclusive as to its priority, if any, against special deposits or other security located within the ancillary state.
[ 2003 c 248 s 25; 1947 c 79 s .31.14; Rem. Supp. 1947 s 45.31.14. Formerly RCW 48.31.140.]
Notes of Decisions
Cited in 2 cases, 2004–2004 · leading case: Olivine Corp. v. United Capitol Ins., 92 P.3d 273 (Wash. Ct. App. 2004).
Olivine Corp. v. United Capitol Ins., 92 P.3d 273 (Wash. Ct. App. 2004). “8; RCW 48.99.040 corresponds to 215 ILCS 5/221.”
Olivine Corp. v. United Capitol Ins. Co., 92 P.3d 273 (Wash. Ct. App. 2004). “8; RCW 48.99.040 corresponds to 215 ILCS 5/221.”
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